Kerala High Court
Leo Xiii English Medium School vs State Of Kerala on 26 June, 2008
Author: K.T.Sankaran
Bench: K.T.Sankaran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19334 of 2008(B)
1. LEO XIII ENGLISH MEDIUM SCHOOL,ALAPPUZHA
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.TPM.IBRAHIM KHAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/06/2008
O R D E R
K.T. SANKARAN,J.
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W.P.(C) No.19334 of 2008 B
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Dated this the 26th day of June, 2008.
J U D G M E N T
The petitioner in this Writ Petition is aggrieved by the non- consideration of Ext.P3 representation submitted by him for the issue of "No Objection Certificate" by the State Government for the purpose of affiliation of his school to the Central Board of Secondary Education.
2. The reliefs prayed for in the Writ Petition are the following:-
(i) To call for the records relating to Exhibits P-1 to P-3 and to issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents 1 and 2 to issue NOC to the Petitioner School - Leo XIII English Medium School situated at Alappuzha for affiliation to the Central Board of Secondary Education on the basis of the submission of the Application in the light of the Judgment of this Honourable Court dated 14.9.2007 in Writ Petition (Civil) No.18846 of 2007, Judgment of the Apex Court and Exhibit P-1 Order of 1988;
WP(C) No.19334/2008 2
(ii) To issue a declaration that the Petitioner School is entitled to get the NOC from the State Government under Article 14 & 19 (g) Constitution of India for affiliation to the CBSE considering the peculiar nature of the locality especially the Tsunami affected area;
(iii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents 1 and 2 to consider Exhibit P-3 Representation submitted by the Petitioner as early as possible at any rate within a stipulated time so as to enable the Petitioner to submit Application for affiliation to the CBSE;
(iv) To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case."
3. The learned Government Pleader submitted that Ext.P3 representation submitted by the petitioner would be considered by the first respondent without much delay. The first respondent is legally bound to dispose of the representation in accordance with law. Therefore I hold that the petitioner is entitled to the relief of writ of mandamus directing the first respondent to dispose of Ext.P3 representation submitted by him for the issue WP(C) No.19334/2008 3 of N.O.C. The first respondent shall dispose of Ext.P3 representation submitted by the petitioner for the issue of N.O.C. in accordance with law. Normally an opportunity of being heard would be afforded to the petitioner; but the petitioner has waived his right to be heard to facilitate an early disposal of Ext.P3 representation within a period of one month by the Government. The petitioner shall produce a copy of the Writ Petition before the first respondent within a period of ten days for the effective consideration and disposal of Ext.P3 representation submitted by him. The petitioner is also permitted to produce all relevant documents and materials for the effective disposal of the representation. The first respondent need not issue notice to the petitioner before passing the order. The final order shall be passed by the first respondent within a period of one month. It is made clear that I have not considered the merits of the case for the grant of "No Objection Certificate".
The Writ Petition is disposed of as above.
K.T. SANKARAN, JUDGE.
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